Oak Creek officials are implementing significant changes to the town’s code enforcement system, transitioning nuisance cases from political oversight to a municipal court framework. This effort aims to address problem properties effectively while minimizing political influence and ensuring enforceability of local laws.
During the Board of Trustees meeting on January 22, 2024, Town Administrator Louis Fineberg presented a proposal to revise Title A of the town’s code, which governs the abatement of nuisances such as accumulated junk and derelict buildings. Fineberg emphasized that the current enforcement system is inadequate and lacks clarity, stating, “As (the code) is currently written, it’s not really enforceable.”
The proposed changes would eliminate the existing “quasi-judicial” process overseen by the Board of Trustees. Instead, the code enforcement officer would issue a written notice to property owners, requiring them to rectify violations within a specified timeframe, such as seven days to secure an abandoned building. If the property owner does not comply, a citation would be issued, and the case would move to municipal court, where a judge could impose fines or other remedies.
Fineberg aims to establish a more transparent and legally sound system that operates independently of political pressures. He noted, “If there’s no substance to an allegation, the court decides that.” Mayor Melissa Dobbins expressed support for the proposal, describing it as “the real deal” and reflective of community desires to tackle neglected properties.
She acknowledged potential challenges, indicating that the new enforcement measures could strain relationships among board members and residents. “Some people might take new enforcement with a grain of salt,” Dobbins stated, urging the board to approach the implementation collaboratively.
Fineberg, who was appointed in June 2023, highlighted that improving code enforcement was a priority discussed during his interview for the position. He revealed that the town has received numerous complaints regarding unsecured vacant buildings and junk accumulation, but current regulations make addressing these issues nearly impossible.
“The code that the town has in place right now is very hard to enforce,” he remarked, describing it as “convoluted.” The draft of the proposed code revision merges existing language with simplified elements from the civil infraction system used in nearby Steamboat Springs. Fineberg emphasized the necessity for clear definitions in the enforcement code, stating, “When it comes to enforcement, it needs to be black and white. It can’t be open to interpretation.”
He also pointed out the complexities involved in defining items labeled as “junk,” noting that perceptions of value can vary significantly among residents. Dobbins acknowledged the sensitivity of enforcement, particularly for long-time residents who may face challenges adapting to new regulations.
“We need to be very respectful toward how this could impact community members,” she said. Fineberg agreed, indicating that enforcement efforts should prioritize the most serious violations rather than broad crackdowns. He stressed that overreaching could lead to backlash from the community.
In the meeting, no formal vote was taken on the proposal. Fineberg plans to present a revised draft at the Board of Trustees’ next meeting on February 26, 2024, after the changes are reviewed by Town Attorney Robert Weiss and Municipal Judge Jessica Ryan.
Trustees also discussed the importance of clarifying terms such as “noxious weeds” and “stagnant ponds” to ensure consistency in enforcement. “Most challenges to these things happen on procedure,” Fineberg noted, emphasizing that procedural clarity is vital to prevent legal disputes.
His goal is to finalize the new code and have it in effect by spring 2024, viewing it as an essential first step toward creating a more orderly and appealing community. “Going through with a code enforcement system and actually implementing it is the next step,” he concluded.
